Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the B.N.S.S.
Summary
Ranjan Kumar applied for anticipatory bail fearing arrest in a case concerning illegal sand excavation (Mufassil P.S. Case No. 367 of 2025). The prosecution alleged that a group, including the petitioner, was involved in illegal sand mining under several sections of the Bihar Negotiable Instruments (B.N.S) Act, the Mines and Minerals Act, and related rules. The petitioner contended he was neither the owner nor driver of the tractors found loaded with sand, no material was recovered from him, and he had no criminal antecedents; similar co‑accused had already been granted bail. The court examined the lack of specific evidence against the petitioner and the precedent of bail to co‑accused. It ordered that the petitioner be released on anticipatory bail upon surrendering to the lower court and furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the alleged illegal sand excavation case.
- Whether the evidence disclosed by the prosecution is sufficient to deny bail.
Legislation cited
- B.N.S. — s. 111(3), 111(4), 303(2), 317(2), 317(4), 317(5), 61(2)
- B.N.S.S. — s. 482(2)
- Mines and Minerals Act — s. 21
Subjects
- anticipatory bail
- illegal mining
- sand excavation
- Bihar
- Mines and Minerals Act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18992 of 2026
Arising Out of PS. Case No.-367 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Ranjan Kumar S/O Gopal Prasad R/O Vill.- Bhadeji, P.s.- Mufassil, Dist.-
Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. The Principal Secretary, Dept. of Mines and Geology, Govt. of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
For the Mines : Mr. Naresh Dikshit, Spl.P.P.,Mines
Mr. Uttkarsh Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-03-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Mines.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Mufassil P.S. Case No. 367 of 2025 instituted
for the offence under Sections 111(3), 111(4), 303(2), 317(2),
317(4), 317(5) and 61(2) of BNS and Section 21 of Mines and
Mineral Act and Rule 56 of Bihar Minerals (Concession
Prevention of Illegal Mining Transportation and Storage) Rules,
2021.
3. The case of the prosecution is that informant
received information that a group of persons are indulged in
Patna High Court CR. MISC. No.18992 of 2026(2) dt.19-03-2026
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illegal excavation of sand. On this information, the informant
went there with his associates. It is further alleged that
altogether 23 named persons and 35-40 unknown persons are
indulged in illegal excavation of the sand.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. He has submitted that as per the case of the prosecution,
certain tractors were found loaded with sand. Petitioner is
neither the owner nor the driver of any of the said tractors. No
any concrete material has come against the petitioner. Nothing
has been recovered from his possession. There is no any specific
overt act against him rather the nature of allegation is general
and omnibus. A statement has been made in para-3 of this
petition that the petitioners have got no criminal antecedent.
Similarly situated other co-accused persons have already been
granted anticipatory bail by learned co-ordinate Bench of this
court vide Cr. Misc. No. 4915 of 2026.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Patna High Court CR. MISC. No.18992 of 2026(2) dt.19-03-2026
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Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Mufassil P.S. Case No. 367 of 2025, he will
be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Chief Judicial Magistrate, Gayajee
subject to the conditions as laid down under section 482(2) of
B.N.S.S.
(Ashok Kumar Pandey, J)
shubham/-
U T
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